Drydensfairfax Solicitors Default

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

If you were in an IVA as recently as 2012 - 2015 then your credit file/score was probably trashed when all those debts defaulted (in 2012?) but the entries should be falling off your file any day now if they haven't already vanished - it's six years after the default was registered.

Is this Drydens' default the only blemish on your CRA file?

I'm not saying that an incorrect entry on your file is of no consequence (and it needs to be dealt with) but you asked the question could you claim damages (moneywise) as a result.

Did your IVA fail (the dates suggest that)? If so are any of the other creditors who were included in it chasing you and have you sent s.77-79 CCA Requests to any of them?

You may like to start a Diary on the forum where you'll get help and support to tackle all/any of your creditors who may be making things difficult for you. Or is this the only one?

Di

Yes, its only the Drydens default thats causing me a headache!!

Why put this on my CRA now with only 1 year left to run!?

Makes no sense to me at all!!

[Joanna Connolly Solicitors]

Re: Drydensfairfax Solicitors Default

If your IVA started on the 1st June 2012 then that entry will remain on your CRA file for six years (i.e. until 31st May 2018) and will be doing far more damage to your credit score than your Drydens Default (which shouldn't be there anyway if they don't own the debt).

What date is showing as the Default on the Drydens entry?

If your last IVA payment was in 2015 there's a long way to go until these debts become Statute Barred - assuming I've understood your post which implies the IVA failed not completed since you cancelled it. Those creditors can still chase you for the debts so if you want to establish which ones are unenforceable and which ones aren't then start a diary and list each one.

If any of them start to make a noise then send them a CCA Request.

Di

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

The Drydens default is showing as 3rd August 2012.

I don't know as to why its only just gone on my credit file with a year left on the default!!

[Joanna Connolly Solicitors]

Re: Drydensfairfax Solicitors Default

According to the ICO register Drydens have permission to share information with credit reference agencies (but it would still need to be accurate and correct information) and I would think they would need to own the debt too.

Search the ICO Register here > https://ico.org.uk/ESDWebPages/Entry/Z177841X

"We sometimes need to share the personal information we process with the individual themself and also with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act (DPA). What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons.


Where necessary or required we share information with:

• family, associates or representatives of the person whose personal data we are processing
• current, past or prospective employers
• educators and examining bodies
• healthcare professionals, social and welfare organisations
• business associates and other professional advisers
• trade associations and professional bodies
• suppliers and service providers
• ombudsman and regulatory authorities
• employment and recruitment agencies
• complainants, enquirers
• financial organisations
• debt collection and tracing agencies
• credit reference agencies
• private investigators
• courts and tribunals
• central government
• traders in personal data
• courts and tribunals

See what Drydens say in response to your complaint.

Di

[SXGuy]

Re: Drydensfairfax Solicitors Default

I can't help but feel that even if you successfully get the default removed from drydens they could in theory correct it by adding it back as max recovery. The date if default is the key here. If that's correct then either way it's not due to fall off until 2018. I personally can't see how damages can be claimed since it looks to me like the default date us accurate. It doesn't matter when they add the entry although they are naughty for not doing it sooner. The default is genuine since you did default on contractual payments. It's not like they have added a default with a recent date. Personally i think you have been lucky that it wasn't added sooner.

[Joanna Connolly Solicitors]

Re: Drydensfairfax Solicitors Default

MBNA sold the debt to Max Recovery Limited towards the end of 2012.

I have never received a default notice or warning letter prior to the default been added on my Drysden.

I have sent a letter of complaint to Drysden yesterday recorded delivery.

I would have thought that the data controller would be Max Recovery Limited as they bought the debt.

It's been a month since you made your complaint to Drydens Fairfax, so have you received any meaningful response?

Di

[Lucky4sum]

I received this from Drydensfairfax on the 4th July 2017 via email!!

Its supposed to be a Notice of Assignment.

This is to me is inconclusive and doesn't prove they own the debt.

Its missing my full name address and account number.

Any advice on now how to proceed?

The account has been placed onhold for 14 days before they recommence debt collection activity. MBNA.pdf

[Joanna Connolly Solicitors]

I can see you've started a new thread on this same topic but it may make sense to keep everything in one place so anyone helping you can see the backstory.

Drydensfairfax sent me this document via email on the 4th July.

Its a so called "Notice".

Under section 136 of the Law and Property Act 1925, these types of Notices are supposed to be sent registered post.

It is also missing my full name, date of birth, address, and account number.

To me, it just looks like a basic office template!!

Link to your other thread here > https://www.all-about-debt.co.uk/for...drydensfairfax


Di

[Lucky4sum]

Do you think what they have sent me is valid please?

Under section 136 of the Lawn and Property Act 1925, all Notices must be sent registered post.

This was sent via email!!

I don't think its valid personally!!

[The Tech Clerk]

that was superseded years ago would carry on with case

[Lucky4sum]

So, if I get a court claim, how is best to proceed then if the Lawand Property Act can't be used?

[The Tech Clerk]

as far as posting method bit of a red herring , mainly understood for mortgages letter etc,I was informed by a solicitor (Very High Value claims) possibly, concentrate on any content if you get a N1 court form, others may have update if any on the subject, but i found on few occassions any court case side stepped when question of delivery, mainly that a record of letter sent on companies record, ( No doubt the big White Book may have reference to)

[Lucky4sum]

I've been told that Section 136 of the Law and Property Act 1925 is still in use.

[The Tech Clerk]

yes but method of delivery?

[Lucky4sum]

It says on section 136 that Notices must be sent registered post and addressed to the person.

This Notice was sent via email and has no name on it, its an open letter to anyone!!